Worker rights and obligations

It's important to understand your rights and obligations regarding worker screening clearance rules.

My rights and Obligations

Your privacy

We are bound by strict confidentiality provisions that limit how we use your information and when and to whom it can be released. We also have obligations under the Privacy Act 1988 . To find out how your personal information will be used, read our Privacy Statement ((PDF, 273 KB)) and Information Management Policy ((PDF, 352 KB)) Information Management Policy((DOCX, 80 KB)).

Your obligations

It is the responsibility of all disability worker screening clearance card holders and applicants to keep us updated about any changes to their details or circumstances.

Failing to notify us of these changes within the required timeframe is an offence and penalties may apply.

Changes in Police Information or Risk Assessment matters

All clearance holders and applicants must immediately notify us of any change in police information or a risk assessment matter. This includes changes in police information, disciplinary information or any other matter that may be relevant to whether you pose a risk of harm to people with a disability.

Clearance holders

Clearance card holders must inform us within 14 days of the following:

  • Change of name
  • Change of contact details (address, contact number, email address)
  • Change in engagement (start or end work for an employer/organisation, self-managed participant or sole trader)
  • Change in work status (change from volunteer/unpaid to paid work)
  • Lost or stolen card

Applicants

Applicants for a disability worker screening clearance must inform us within 7 days of the following:

  • Change of name
  • Change of contact details (address, contact number, email address)
  • Change in engagement (start or end work for an employer/organisation, self-managed participant or sole trader)
  • Change in work status (change from volunteer/unpaid to paid work)

Blue card holders

If you also hold a blue card, in addition to notifying the Worker Screening Unit of any changes in your details or circumstances, you must also notify Blue Card Services.

How do you notify us of changes

You can notify us of some changes using the Worker Portal. These changes include updating your personal worker details (for example, your name, email and address details), employer details or change in employment status from volunteer (unpaid) to paid employment. If you do not have access to the internet, you may still submit a manual application form.

There are some instances that you must complete a manual application form. These include applications such as, change in police information or risk assessment matters, application to end an exclusion, suspension or interim bar and consent to discuss or provide information.

Refer to the resources page for the manual application forms

Please refer to the table in the 'Advise Changes in Other Information' ((PDF, 232 KB)) Advise Changes in Other Information((DOCX, 211 KB)) Fact Sheet for further information about how you can notify us of changes.

People who can’t apply

If you have been issued a yellow card negative notice, yellow card negative exemption notice or a disability worker screening exclusion that has not been cancelled, you cannot apply for an NDIS worker screening check. It is an offence under the Disability Services Act 2006 to make an application and penalties apply.

Reviewable decisions

To ensure accountability of decision making by Disability Services, most applicants or workers who have received a worker screening decision that they don’t agree with have the right to review or appeal under Queensland’s new worker screening legislation.

Certain decisions made by the department are considered reviewable decisions. These include a decision:

  • To issue an exclusion (unless the exclusion is based on a disqualifying offence)
  • Not to end an interim bar imposed on a person
  • Not to end the suspension of a person’s clearance
  • A decision to refuse an application to cancel a person's exclusion

If a reviewable decision is made in relation to you and you’re dissatisfied with the decision, you can apply to have the decision reviewed. The review process includes:

  1. An internal review by the department.
  2. If you remain dissatisfied with the outcome of the internal review, you can apply to the Queensland Civil Administrative Tribunal for an external review of the decision.

For further information on review and appeal information, please see our dedicated factsheet ((PDF, 154 KB)) dedicated factsheet>((DOCX, 76 KB)).